Opinion
2002-10049
Submitted September 10, 2003.
October 6, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rosenberg, J.), dated August 28, 2002, which granted the motion of the defendant Ritchie A. Williams for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Pops Associates, New York, N.Y. (Seymour I. Yanofsky of counsel), for appellant.
Lewis, Johs, Avallone, Aviles Kaufman, LLP, Melville, N.Y. (Michael G. Kruzynski of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that the appellant failed to come forward with sufficient admissible evidence to rebut the initial showing by the defendant Ritchie A. Williams that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, summary judgment was properly granted to Williams dismissing the complaint insofar as asserted against him ( see Licari v. Elliott, 57 N.Y.2d 230; Amato v. Psaltakis, 279 A.D.2d 439).
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.